S. Hector de Silva vs Mohomed Haniffa Mohomed Musni – CA NO. 1016/1996-2011

The case between S. Hector de Silva, Victoria Stores, Boossa, Galle (Plaintiff-Appellant) and Mohomed Haniffa Mohomed Musni, No. 50, Moor Street, Kalutara South (Defendant-Respondent), addressed the issue of liability for malicious prosecution and arrest arising from a dispute over dishonoured cheques issued for goods purchased. It was determined that the Defendant was not liable for malicious prosecution or arrest, and the Plaintiff was not entitled to damages. The principle reaffirmed was that a plaintiff must strictly prove malice and want of reasonable and probable cause to succeed in claims of malicious prosecution. The decision was based on the evidence that the Defendant’s actions were reasonable given the circumstances, and that the legal burden for such tort claims lies heavily on